Mortgaged property and roof rights

dr rahul yadav (Querist) 13 February 2016 This query is : Resolved
My property is mortgaged to a bank since last few years, the loan have gone NPA and now I am in discussion with bank to take over the property to close the loan as I am unable to carry on with repayment instalments. Does the roof rights also are now property of bank or can I claim the roof rights for myself ?please advise.

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Devajyoti Barman (Expert) 13 February 2016
I am not sure why are you concerned with roof rights.
If the property is sold out to recover loan then roof rights also goes and you will have nothing.
Settle the loan and save the property.

Rajendra K Goyal (Expert) 13 February 2016
Try to find out some buyer, satisfy the Bank outstanding directly by taking sale proceeds as advance and sell the property to him after getting it released from Bank. This can be done after taking all parties in confidence.

If the property is sold by the Bank, it may not fetch good amount. If the loan remains after such sale you would still be liable to pay the same.